Sridhar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9499 of 2022 Sridhar Behera ....

Petitioner Mr. S.K. Das, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

17.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with G.R. Case No.943 of 2022, pending in the Court of learned J.M.F.C., Khallikote, arising out of Khallikote P.S. Case No.379 of 2022, for commission of offences under Sections 376(2)(n)/506 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote, by order dated 19.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 24.07.2022 and charge-sheet has been filed on 30.08.2022 inter alia under Section 376(2)(n) of IPC, hence further continuance of the petitioner in custody is uncalled for.

6.

On consideration of the 164 Cr.P.C. statement along with the medical examination report and keeping in view the filing of charge-sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha